Court limits immigrant visa ban, but only for families who brought lawsuit

18 Dec 20

UNITED STATES

A federal court in California has put a temporary hold on President Trump’s immigrant visa ban, but only for the 181 families who brought the lawsuit.

Key Points:

  • U.S. District Court Judge Andrew M. Chen ruled that the 181 plaintiffs suffer direct repercussions in being subject to the immigrant visa ban and no-visa policy, and ordered the government to stop enforcing the ban against them while the lawsuit proceeds in court.
  • The immigrant visa ban remains in place and the ruling does not affect applicants who were not party to the lawsuit.

Background: Under an April 22 presidential proclamation, the U.S. suspended the entry of immigrant visa (green card) applicants on the basis that they are a threat to U.S. workers during the COVID-19 economic recovery. The ban is set to expire Dec. 31 but may be extended into 2021. A group of U.S. citizens and permanent residents sued the government arguing that the ban exceeds presidential authority and violates the Administrative Procedure Act. In issuing the temporary injunction, the court ruled that the 181 families, who have approved petitions but are unable to obtain visas, suffer hardships in being separated from each other and, for the families whose children will turn 21 during the ban, in losing eligibility for green cards.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@balglobal.com.

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